Hi. I do deliveries for a place I work(ed) for over 6 years and have been terminated from my job while on medical leave. I was in a rear-end accident while on the job and in their vehicle and messed my neck up pretty bad. I continued to go to work even while I was getting treatment. I also had to load my delivery truck as well as deliver and most of the time loads would consist of weights of 100 pounds or so.My treatment prolonged due to this heavy lifting so therefore my doctor put me on weight restrictions of 30 pounds or less. My employer would not accomodate these restrictions and told me to stay off work and get workers compensation. I tried...only to have to fight with him to get it because he filed appeals. When I finally got it after 5 months...he then terminated my job while still on BWC medical leave. I was the only female that worked there and i was told by others that he wanted to get rid of me because he wanted no females there. I for got to mention that he is a new owner of this place as of about 2 years ago. Former employer is retired from there and buisness was sold. Can I file discrimmination on this new employer?

How long had you been off work?

How long had you been off work?
i have been off for 8 months when i recieved the certified letter of termination

FML covers your for 12 weeks in a 12 month period, ADA might cover you if you the accommodations were not too burdensome to the company, however, with your restrictions, it could be argued that they were. You can be terminated while on WC leave.

That said, if you can prove that he terminated you for taking a WC leave or because of your gender, file with the EEOC.

I think you're going to have a hard row to hoe trying to claim gender discrimination unless you are able to find a similarly situated male employee who was granted more than 8 months (which is MUCH longer than the law requires) for a similar injury.

It will be argued that if he wanted to get rid of you just because you were female, he would have termed your employment as soon as your FMLA expired (which it did 5 months ago).

Contrary to what many people mistakenly believe, it is not illegal to term someone who is on medical leave, even if it is a workers comp injury. The law does not require that you be provided with open-ended medical leave. The time comes when the employer is allowed to cut you loose and hire someone who is able to come to work and get the job done.

Someone else's opinion that you were fired because of your gender is not going to be binding on the employer himself.

You can try talking to the EEOC but under the circumstances I'm not seeing a wrongful term.